Hiring Tips Blog
Reasonable Reinvestigation, Not Legal Adjudication: CRAs and Furnishers under the FCRA
Under the FCRA, consumer reporting agencies and furnishers must conduct reasonable investigations — not act as courts. Liability arises only when an alleged inaccuracy is objectively and readily verifiable through a reasonable reinvestigation. Courts consistently hold…
When “Disclosure” Isn’t Enough: A California Court Expands Risk Under ICRAA
A recent California court decision is a strong reminder that compliance in the background screening space is not just about checking the box— it’s about getting every detail right. In an alert, Atkinson, Andelson, Loya, Ruud & Romo highlights a case allowing…
California Court Allows Case to Move Forward Due to Background Check Form Technical Violation
The California Fourth Appellate District, Division One, recently held that an employee or job applicant does not need to prove actual harm beyond establishing a statutory violation to have standing under the California Investigative Consumer Reporting Agencies Act…
When “Can We Contact Your References?” Isn’t Enough Anymore
Traditional reference checks are no longer sufficient for employers trying to verify job candidates. While asking “when can we contact your references?” was once a standard step, it has become less reliable due to fabricated references, coached responses, and…
Resume Fraud: The Shocking Cost of Who You May Be Hiring
Resume fraud is becoming increasingly costly and sophisticated, driven by AI tools that make fake credentials and work histories easier to create. It highlights how employers often fail to detect misrepresentation during hiring, leading to bad hires that cost…
Texas Cannabis Laws Changed — But Employer THC Drug Testing Has Not
Although Texas has expanded access to medical cannabis and hemp-derived products, employer THC drug testing policies have not changed. Employers still have broad authority to test for marijuana and enforce zero-tolerance policies, even for legally obtained products. A…
The Delta-8 Dilemma- What Mississippi Employers (and Maybe Those in Other States) Need to Know About Drug Testing Policies and THC Products
The growing availability of Delta-8 THC products creates challenges for employer drug policies, particularly in Mississippi. A recent court decision found that an employee’s off-duty Delta-8 use, and positive drug test did not constitute workplace misconduct without…
Federally Funded Study Reveals Marijuana Breathalyzer Breakthrough With 3D Printed Roadside Tool Able to Detect THC
A federally funded study has demonstrated a potential breakthrough in marijuana breathalyzer technology using a low-cost, 3D-printed device that can detect THC in breath without lab analysis. The prototype uses chemical reactions that produce color changes to identify…
US FAA Proposes Fining American, Southwest Over Alleged Drug, Alcohol Violations
The Federal Aviation Administration has proposed a $255,000 fine against American Airlines for allegedly violating drug and alcohol testing rules. Regulators say the airline allowed 12 flight attendants who previously tested positive to return to safety-sensitive…
Americans Support Legalizing Marijuana Home Cultivation Amid Concerns About Pesticide-Tainted Products, Poll Shows
A new poll finds 61% of Americans support legalizing home marijuana cultivation, even exceeding the share who use cannabis. Concerns about pesticide contamination are a major driver, with 72% of consumers worried about harmful chemicals and many preferring to grow…
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